-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Dyc3yFpUjRx8b60V5rq4lMg2FTkUho1a1WRoNglTDQaum9kPamXWDTNckVVCT6CE SgHZBgYUriClvG25cedZ0w== 0001010549-04-000013.txt : 20040112 0001010549-04-000013.hdr.sgml : 20040112 20040112122346 ACCESSION NUMBER: 0001010549-04-000013 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040108 ITEM INFORMATION: Other events FILED AS OF DATE: 20040112 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GREENBRIAR CORP CENTRAL INDEX KEY: 0000105744 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-SKILLED NURSING CARE FACILITIES [8051] IRS NUMBER: 752399477 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-08187 FILM NUMBER: 04519893 BUSINESS ADDRESS: STREET 1: 14185 DALLAS PKWY STREET 2: STE 650 CITY: DALLAS STATE: TX ZIP: 75240 BUSINESS PHONE: 9724078400 MAIL ADDRESS: STREET 1: 14185 DALLAS PKWY STREET 2: STE 650 CITY: DALLAS STATE: TX ZIP: 75204 FORMER COMPANY: FORMER CONFORMED NAME: MEDICAL RESOURCE COMPANIES OF AMERICA DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: WESPAC INVESTORS TRUST DATE OF NAME CHANGE: 19900605 8-K 1 greenbriar8k010804.txt CURRENT REPORT CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): January 8, 2004 Greenbriar Corporation (Exact name of registrant as specified in its charter) Nevada 0-8187 75-2399477 ---------------------- ------------------- ------------------ (State of Incorporation) (Commission File No.) (IRS Employer Identification No.) 14185 Dallas Parkway, Suite 650, Dallas, Texas 75240 -------------------------------------------------------- (Address of principal execute offices, including zip code) (972) 407-8400 -------------------------------------------------- (Registrant's telephone number, including area code) Item 5. Other Events and Required ID disclosures On January 8, 2004, Greenbriar Corporation (the "Company") issued a press release announcing that the Internal Revenue Service was considering assessing penalties against the Company under Section 6700 of the Internal Revenue Code. A copy of this press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference. This information and Exhibit 99.1 hereto are being furnished, and shall not be deemed to be "filed", with the SEC. The information in this current Report on Form 8-K shall not be incorporated by reference into any filing of the registrant with the SEC, whether made before or after the date hereof, regardless of any general incorporation language in such filings. Item 7. Financial Exhibits, Pro Forma Financial Information and Exhibits. (c) Press Release of Greenbriar Corporation dated January 8, 2004. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Date: January 8, 2004 GREENBRIAR CORPORATION (Registrant) By:/s/ Gene S. Bertcher ------------------------------------- Gene S. Bertcher President and Chief Executive Officer EXHIBIT INDEX Exhibit # 99.1 Press Release of Greenbriar Corporation dated January 8, 2004 EX-99.1 3 greenbriar8k010804ex991.txt GREENBRIAR RECEIVES IRS LETTER EXHIBIT 99.1 GREENBRIAR RECEIVES IRS LETTER FOR IMMEDIATE RELEASE Contact: Gene Bertcher Oscar Smith Phone: (972) 407-8400 Dallas, Texas, (Business Wire) January 10, 2004...Greenbriar Corporation (AMEX: GBR) announced today that the Company was notified on January 8, 2004 by the Internal Revenue Service that it was considering assessing penalties against the Company under Section 6700 of the Internal Revenue Code. The potential assessment grows out of a series of tax-free revenue bond transactions relating to the purchase and sale of four Georgia nursing homes. Such transactions occurred in 1991-1992. The IRS has proceeded against certain parties involved in tax-free bond transactions via the Section 6700 penalty procedures. Such Code section was adopted as a remedy to prosecute abusive tax shelters, but it has recently been employed as an enforcement technique in municipal bond disputes. The Company disputes the IRS' assertions and believes it has available a variety of defensive positions and third party claims against the professionals who structured the transactions. The Company intends to defend the action vigorously or alternatively seek an amicable settlement. If the IRS were to prevail on all fronts, the amount of penalties could be substantial. -----END PRIVACY-ENHANCED MESSAGE-----